Porch railing fails to break man’s fall; plummets 28 feet

Claims structure wasn’t up to code; $725,000 settlement

On Sept. 30, 2009, the plaintiff was helping his sibling move from an apartment. As the plaintiff and his father were carrying a mattress on to the third-floor porch, he lost his balance. He put his arms out to break his fall, and his back struck the balusters. The top rail lifted up and multiple balusters broke away “like toothpicks.” The plaintiff fell 28 feet to the sidewalk below, fracturing his femur and injuring his face.